- (1.) Leave granted.
(2.) Appellant is a young girl. She met with an accident on or about 20.9.1999 while she was aged only 9 years. In the said accident she suffered the following injuries, as stated in the application filed on her behalf before the Motor Accidents Claims Tribunal : 1. There is swelling deformity & fracture of middle 3rd of Lt. thigh (femur shaft). 2. Abrasion over left frontal region. 3. Abrasion over Rt. Lateral aspect."
(3.) She was treated by two doctors. According to one of them, namely, Dr. Mukund, who examined himself as PW3, she suffered 10% to 15% of disability whereas according to the other doctor, Dr. Shivanand, she suffered 20% to 25% of physical disability in her left lower limb. An amount of Rs.3,00,000/- was claimed by her by way of compensation in the claim petition before the Motor Accidents Claims Tribunal under Section 166 of the Motor Vehicles Act, 1988 (hereinafter called and referred to for the sake of brevity as 'the Act'). The Tribunal, however, having regard to the evidences brought on record, opining that permanent disability suffered by her would be 10%, a sum of Rs.40,000/- awarded on the said ground. The total amount of compensation determined was a sum of Rs.72,785/- details of which are as under : "Rs.18,000/- towards pain and sufferings and agony, Rs. 12,460 towards diet and attendant charges and Rs.323/- were awarded towards medical expenses.";